• The Supreme Court Set to Hear Arguments in Lexmark International, Inc. v. Impression Products, Inc. Relating to the Doctrine of Patent Exhaustion
  • August 18, 2017
  • February 9, 2017 — In March 2017, the Supreme Court will hear oral arguments in a key case regarding the scope of the “patent exhaustion doctrine,” as it relates to: (1) sales of a patented item subject to restrictions on post-sale use and (2) authorized sales of a patented article outside of the United States. The Supreme Court will review the Federal Circuit’s en banc decision finding: (1) the first sale doctrine does not apply to patented articles sold subject to restrictions on resale and reuse communicated to the buyer at the time of sale; and (2) the first sale doctrine does not apply to patented articles first sold outside of the United States.